Q&As

Do you have any guidance for the employer of an employee who is an EEA citizen, employed in the UK, who is refusing to apply for the EU settlement scheme by 30 June 2021, despite being entitled to it, and the effect on the UK employment contract?

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Published on LexisPSL on 18/06/2021

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • Do you have any guidance for the employer of an employee who is an EEA citizen, employed in the UK, who is refusing to apply for the EU settlement scheme by 30 June 2021, despite being entitled to it, and the effect on the UK employment contract?
  • Right to work checks
  • Refusal to apply for EU Settlement Scheme
  • Effect on employment contract

Do you have any guidance for the employer of an employee who is an EEA citizen, employed in the UK, who is refusing to apply for the EU settlement scheme by 30 June 2021, despite being entitled to it, and the effect on the UK employment contract?

Right to work checks

A correctly conducted right to work check can provide an employer with a statutory excuse against a civil penalty for employing a person illegally, should it be that the employee in question does not have, or loses, the right to work at some point during the employment. To obtain the excuse, the employer must show that it has taken particular steps during the right to work check.

Whatever the circumstances of the worker’s illegality a valid right to work check will, with one important exception, act as a statutory excuse for the employer against a civil penalty. The sole exception to this is where the employer has had knowledge ‘at any time during the period of employment’ that the employment was unlawful. The use of the phrase ‘at any time’ suggests that knowledge of illegality does not have to be concurrent with the period of illegality.

Knowledge of illegality, or having reasonable cause to believe that a person does not have the right to work, also gives rise to the separate criminal offence of employing a person

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